Effect this measure will have on costs and revenues of state government.

The stated purpose is to eliminate the ad valorem tax for barren coal properties.

As written, the bill would establish that barren coal properties are of no monetary value and effective July 1, 2014, and thereafter, the value of barren coal properties for purposes of the Property Tax would be zero.

According to our interpretation, passage of this bill would result in an annual decrease of roughly $40,000 in local property tax revenues and minimal loss in State revenue.

Additional administrative costs associated with this bill would be minimal.

Fiscal Note Detail

Over-all effect

Effect of Proposal

Fiscal Year

2013Increase/Decrease(use"-")

2014Increase/Decrease(use"-")

Fiscal Year(Upon FullImplementation)

1. Estmated Total Cost

0

0

0

Personal Services

0

0

0

Current Expenses

0

0

0

Repairs and Alterations

0

0

0

Assets

0

0

0

Other

0

0

0

2. Estimated Total Revenues

0

0

-40,000

3. Explanation of above estimates (including long-range effect):

Passage of this bill would establish that barren coal properties are of no monetary value and effective July 1, 2014, and thereafter, the value of barren coal properties for purposes of the Property Tax would be zero.

According to our interpretation, passage of this bill would result in an annual decrease of roughly $40,000 in local property tax revenues and minimal loss in State revenue.

Additional administrative costs associated with this bill would be minimal.

Memorandum

The stated purpose is to eliminate the ad valorem tax for barren coal properties.

Article X, Section 1 of the West Virginia Constitution provides that “all property shall be taxed in proportion to its value to be ascertained as directed by law”. The bill states that “barren coal” properties have no monetary value. The bill, as written, allows “barren coal” property to be taxed in a way that is not proportionate to its value, which may possibly violate the constitutional provision.